Mutual Consent Divorce

Mutual Consent Divorce in India is a kind of divorce in which the husband and wife decide to dissolve the marriage mutually. In a mutual divorce, the husband and wife can file a divorce petition after deciding the terms of divorce together. The terms relating to divorce by mutual consent including maintenance/alimony to be paid to the wife, child custody and division of property jointly owned by both are finalised amicably.

Mutual divorce is also known as uncontested divorce as the spouses decide to separate peacefully, without either of them contesting the divorce application in the court. To file a mutual consent divorce, it is pertinent that at least one year has been passed from the date of the marriage. The process of mutual divorce is simpler and faster, and the husband and wife can file a joint divorce petition and get a divorce in just 1-7 months.

File A Mutual Consent Divorce
At INR 25000

What You'll Get In The Package

Inclusion

  • Telephonic consultation with a divorce lawyer for 30 minutes.
  • Case counselling through a private meeting with the lawyer.
  • Drafting of the divorce petition.
  • I Motion filing in court.
  • II Motion filing in court.
  • Obtaining a Decree for Mutual Consent Divorce.

Exclusion

  • Court fees.
  • Other legal expenses incurred during court proceedings.

Documents for filing a Mutual Consent Divorce

  1. Personal details and information about the family.
  2. Proof of marriage like the Marriage Certificate, photographs or marriage card.

Procedure to file a Divorce by Mutual Consent Petition

  1. A petition for divorce by mutual consent can be filed by the spouses who have been married for at least 1 year. A joint petition can be filed by hiring a common divorce lawyer who can represent the interests of both the husband and wife.
  2. Once the divorce petition is allowed by the court, the spouses file a joint statement relating to the amount of alimony/maintenance decided, custody of children and division of property.
  3. After the First Motion is filed, the court may order a reconciliation period of 6 months and give the spouses some time to reconsider their decision. However, after the recent judgment in Amardeep Singh vs. Harveen Kaur, the Supreme Court has decided that this ‘cooling-off’ period is not mandatory and a mutual consent divorce can be awarded in just 1 month as well.
  4. Once the cooling-off period is over or an application to waive-off the cooling-off period is filed, the Second Motion is filed and final statement is recorded.
  5. The court awards the decree for mutual divorce to the spouses.

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FAQs

What are the laws for mutual consent divorce?
In India, mutual consent divorce under different religions is regulated by the following laws: 1. The Hindu Marriage Act, 1955 for Hindus. 2. The Indian Divorce Act, 1869 and Indian Christian Marriage Act, 1872 for Christians. 3. The Special Marriage Act, 1954 for spouses belonging to different religions. 4. The Dissolution of Marriage Act, 1939 and The Muslim Women (Protection of Rights on Divorce) Act, 1986 for Muslims. 5. The Parsi Marriage and the Divorce Act, 1936 for Parsis.
In which court can I file a petition for mutual divorce?
A petition for mutual consent divorce can be filed in any court which has jurisdiction over the following areas: 1. Where the marriage took place. 2. Where the husband and wife last resided. 3. Where the wife is residing when the petition is filed.
Can Mutual Divorce be converted into Contested Divorce?
During the 6-months cooling-off period, any of the spouses can withdraw their joint petition and file a contested divorce petition against the other spouse if there are any dispute or discord between them. Once the application to convert the mutual consent divorce petition to a contested divorce is filed, the court procedure for a one-sided divorce is followed.
Is there a time limit to file a mutual consent divorce?
A mutual divorce can be filed if at least 1 year has been passed from the date of marriage and the spouses are living separately for the same period.
What is the total cost to file a divorce by mutual consent?
With Legistify, you can file a mutual consent divorce for a fixed-price of Rs. 25,000 anywhere in India.
How much time does it take to get a mutual consent divorce?
A mutual consent divorce or uncontested divorce is usually awarded by the court in 1-8 months, depending upon the circumstances of the divorcing spouses.
When can a person remarry after the divorce is granted?
When the decree for mutual consent divorce is passed and there is no appeal filed against the decision or the time to file an appeal has passed i.e. 90 days, the divorced husband and wife can easily get married again.
Do both the spouses have to appear in court for divorce?
Both the spouses need to appear before the court in case of divorce by mutual consent to record their joint statement. However, if one of them is out of country or incapable of appearing before the court for a substantial reason, a lawyer can appear on behalf of them by submitting a power of attorney.
What is the process of mutual consent divorce for NRIs?
For NRI spouses filing a mutual consent divorce in India, the process remains the same. However, the NRI spouses residing outside of India can get a divorce decree from a foreign court, which will be recognised in India if it is at par with the Indian divorce laws.
Can I transfer my divorce petition to a different court?
To transfer a divorce petition from one court to another, a transfer petition can be filed with the Supreme Court. However, the Supreme Court can transfer a divorce case from one state to another if there is substantial reason or the court in which the case is filed does not have appropriate jurisdiction.